Miami Third DUI Defense Attorneys

Possible Criminal & Civil Penalties for a Third DUI Conviction in Florida

The law presumes that a third DUI within 10 years of a second DUI conviction may indicate a significant public safety concern, so punishments for a third DUI within 10 years of the most recent DUI conviction are more severe than those for a third DUI that occurred more than 10 years after a second DUI conviction.

Under § 316.193(2)(b)(2) of the Florida Statutes, a third DUI within 10 years of the most recent DUI offense may be charged as a third-degree felony.

Under such circumstances, it is important to seek the advice of an experienced criminal defense attorney before the prosecutor files a charge.

Third DUI Conviction outside 10 Years of Most Recent Conviction

The Florida Statutes list the criminal penalties that are to be imposed for a conviction on a third DUI charge more than 10 years after the most recent previous DUI charge, which is a first-degree misdemeanor.

Punishments include the following:

• Jail sentence of up to 12 months
• A fine of $2,000 to $5,000
• Mandatory placement and payment for at least two years of an approved ignition interlock device (IID) on all vehicles owned by or leased by a convicted person, when a person qualifies for a permanent or restricted license

Additional costs include the following:

• Probation (with an optional requirement of community service)
• Driver's license suspension (administrative suspension differs from court suspension)
• Vehicle immobilization or impound
• DUI School
• Additional fees and court costs

Third DUI Conviction Within 10 Years of Most Recent Conviction

If a third DUI conviction occurs within a period of 10 years of any prior DUI conviction, then the offense can be charged as a third-degree felony.

Penalties are enhanced and many of the additional requirements and penalties listed immediately above are mandatory:

• Minimum mandatory jail sentence of 30 days and a maximum sentence of up to 364 days for a first-degree misdemeanor or up to five years in prison for a third-degree felony
• A fine of up to $5,000 for a third-degree felony
• Vehicle impound or immobilization
• Driver's license revocation for 10 years (no possible reinstatement for two years)
• Ignition interlock device (IID)
• Probation (mandatory)
• Community service
• Advanced DUI school
• Alcohol and /or drug evaluation and treatment
• Additional fees and court costs

A third DUI will also result in higher auto insurance rates and usually requires a driver to obtain expensive FR 44 insurance.

Note: A third-time DUI offender convicted of DUI with serious bodily injury or death will face even greater penalties than listed above.

Administrative Driver's License Suspension in a DUI Case

No matter what the court eventually orders, an administrative driver's license suspension is mandated in any Florida DUI case. A temporary driving permit may be available after a DUI arrest, but a person accused of DUI has only 10 days to request a formal review hearing before the Florida Board of Administrative Reviews (BAR), a division of the state's DHSMV.

A qualified attorney who represents a person accused of a third DUI and files a request for a formal review hearing in time may be able to secure a temporary driving permit for a client while fighting to invalidate the administrative suspension.

If you meet with an experienced Miami DUI defense attorney, you can learn the answers to many of your questions about the criminal and civil aspects of your case. A qualified attorney can help you decide whether to request a formal hearing or a review of eligibility for immediate reinstatement of your driver's license.

Contact Hubbs Law Firm Today 

If you were charged with DUI for the third time in Miami-Dade County, you should seek professional legal advice about your case as soon as possible. Your mobility and your freedom depend on you taking swift action.

At Hubbs Law Firm, we offer a free initial consultation for potential DUI clients. We know the DUI laws and when we discuss your case, we can explain the charges, as well as the possible penalties that may be imposed and any possible defenses that may be pursued due to the unique circumstances of your case.

Hubbs Law Firm may be able to find mistakes made by the arresting officer during the traffic stop, problems with the way alcohol or drug tests that were conducted, or other procedural errors that may result in a reduction or dismissal of charges. Our goal in every DUI case is to avoid a conviction. We are always prepared to confront charges of DUI (also known as DWI or OWI in other states) at trial if necessary.

We represent clients from Miami, Miami Beach, Hialeah, Miami Gardens, Miami Springs, South Miami, Homestead, Doral, Pinecrest, and anywhere else in Miami-Dade County.

Call Hubbs Law Firm today at (305) 570-4802to schedule an appointment to discuss your DUI case.

Additional Resources

• Florida Department of Highway Safety and Motor Vehicles — The DHSMV website contains information about laws related to the administrative suspension of a driver's license due to a DUI, with detailed information about how to reinstate a Florida driver's license after an administrative suspension for a third DUI.
• Miami-Dade County Circuit Court — Find information on the county website about its criminal courts, including the DUI court. The criminal court for most DUI cases in Miami-Dade County is located at:
  • Richard E. Gerstein Justice Building 
    1351 N.W. 12th St.  
    Miami, FL 33125  
    Phone: 305-275-1155
• Special Supervision Services (SSS) Program — Offered by the non-profit Florida Safety Council, SSS is a voluntary program for persons with a five-year, 10-year or permanent driver's license revocation to demonstrate eligibility for “Business Purposes Only” or "Employment Purposes Only" hardship licenses.